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Coffee Mate Original Creamer Number of Servings Florida Class Action

This class action sues both Walmart, Inc. and Nestlé USA, Inc. over claims on a product made by Nestle and sold by Walmart, that is Coffee Mate Original Powdered Coffee Creamer. The product label claims that the 35.3-ounce container “Makes Over 500 Servings” but the complaint alleges that the yield is actually far less than that.

The class for this action is all persons in Florida who, between July 15, 2017 and July 15, 2021, bought the product for personal use and not for resale.

The complaint alleges that both companies are responsible for the deceptive and misleading claims on the product because Nestlé makes, markets, and promotes it and Walmart markets, distributes, and sells it at retail. It claims that both parties “planned, participated in and furthered a common scheme to induce members of the public to purchase the Product by means of untrue, misleading, deceptive, and/or fraudulent representations…”

The Coffee Mate Original Powdered Coffee Creamer is made to be mixed with coffee in place of fresh milk or cream. The 35.3-ounce container states on the front that the product “Makes Over 500 Servings.”

The complaint alleges, “Based on this prominent labeling and based on the serving size listed on the Product, a consumer purchasing this Product would reasonably believe that the Product contains at least 500 servings of the powdered coffee creamer.” However, the complaint claims, “the Product does not contain anywhere close to 500 servings of powdered coffee creamer.”

No assertion is made in the complaint about the actual number of servings provided in the container. The complaint simply asserts that the 500-serving representations “are uniformly, consistently and prominently displayed on each individual package of the Product [and] are untrue, [are] misleading and deceive the public.”

For this reason, the complaint says, consumers have paid more for the product than they should have, expecting to get more out of it, and have not received the full benefit of the bargain.

The only cause of action is violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), a state law that is meant to “protect the consuming public … from those who engage in unfair methods of competition, or unconscionable, deceptive, or unfair acts or practices in the conduct of any trade or commerce.”

The complaint alleges that the companies “have violated FDUTPA by engaging in the unfair and deceptive practices described above, which offend public policies and are immoral, unethical, unscrupulous, and substantially injurious to consumers.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Coffee Mate Original Creamer Number of Servings Florida Complaint

July 15, 2021

This class action sues both Walmart, Inc. and Nestlé USA, Inc. over claims on a product made by Nestle and sold by Walmart, that is Coffee Mate Original Powdered Coffee Creamer. The product label claims that the 35.3-ounce container “Makes Over 500 Servings” but the complaint alleges that the yield is actually far less than that.

Coffee Mate Original Creamer Number of Servings Florida Complaint

Case Event History

Coffee Mate Original Creamer Number of Servings Florida Complaint

July 15, 2021

This class action sues both Walmart, Inc. and Nestlé USA, Inc. over claims on a product made by Nestle and sold by Walmart, that is Coffee Mate Original Powdered Coffee Creamer. The product label claims that the 35.3-ounce container “Makes Over 500 Servings” but the complaint alleges that the yield is actually far less than that.

Coffee Mate Original Creamer Number of Servings Florida Complaint
Tags: Deceptive Advertising, Deceptive Labels, Misrepresentation of Production or Capacity